81_FR_39699 81 FR 39582 - Special Local Regulation; Dragon Boat Races; Maumee River; Toledo, OH

81 FR 39582 - Special Local Regulation; Dragon Boat Races; Maumee River; Toledo, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 117 (June 17, 2016)

Page Range39582-39584
FR Document2016-14345

The Coast Guard is establishing a temporary special local regulation controlling movement of vessels for certain waters of the Maumee River. This action is necessary and is intended to ensure safety of life on navigable waters to be used for a rowing event immediately prior to, during, and immediately after this event. This regulation requires vessels to maintain a minimum speed for safe navigation and maneuvering.

Federal Register, Volume 81 Issue 117 (Friday, June 17, 2016)
[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Rules and Regulations]
[Pages 39582-39584]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14345]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0516]
RIN 1625-AA08


Special Local Regulation; Dragon Boat Races; Maumee River; 
Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation controlling movement of vessels for certain waters of the 
Maumee River. This action is necessary and is intended to ensure safety 
of life on navigable waters to be used for a rowing event immediately 
prior to, during, and immediately after this event. This regulation 
requires vessels to maintain a minimum speed for safe navigation and 
maneuvering.

DATES: This temporary final rule is effective from 6 a.m. until 6 p.m. 
on June 18, 2016. For the purposes of enforcement, actual notice will 
be used on June 18, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0516 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule. You may also visit 
the Docket Management Facility in Room W12-140 on the ground floor of 
the Department of Transportation West Building, 1200 New Jersey Avenue 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Petty Officer Brett Kreigh, Marine 
Safety Unit Toledo, Coast Guard; telephone 419-418-6046, email 
[email protected]. If you have questions on viewing the docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking

II. Background History and Regulatory Information

    On June 18, 2016, Partners In Education is holding an organized 
Dragon Boat Race event that will take place on the Maumee River in 
which participants paddle Hong Kong style Dragon Boats on the Maumee 
River in Toledo, OH. Due to the projected amount of human-powered 
watercraft on the water, there is a need to require vessels in the 
affected waterways to maintain a minimum speed for safe navigation. The 
Rowing regatta will occur between 6 a.m. and 6 p.m. on June 18, 2016. 
This event is taking place under the same sponsorship in the same 
location as last year.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security 
Delegation No. 0170.1. Having reviewed the application for a marine 
event submitted by the sponsor on February 22, 2016, the Captain of the 
Port Detroit (COTP) has

[[Page 39583]]

determined that the likely combination of recreation vessels, 
commercial vessels, and an unknown number of spectators in close 
proximity to a rowing regatta along the water pose extra and unusual 
hazards to public safety and property. Therefore, the COTP is 
establishing a Special Local Regulation around the event location to 
help minimize risks to safety of life and property during this event.
    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking with 
respect to this rule because waiting for a notice and comment period to 
run would be impracticable, unnecessary, and contrary to the public 
interest. Although an initial marine event application was submitted on 
February 22, 2016, final details regarding event area and patrol 
parameters were not known to the Coast Guard with sufficient time for 
the Coast Guard to solicit public comments before the start of the 
event. Thus, delaying the effective date of this rule to wait for a 
notice and comment period to run would be impracticable and contrary to 
the public interest because it would inhibit the Coast Guard's ability 
to protect the public from the hazards associated with this rowing 
regatta.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. For the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

IV. Discussion of Rule

    This rule establishes a temporary special local regulation from 6 
a.m. until 6 p.m. on June 18, 2016. In light of the aforementioned 
hazards, the COTP has determined that a special local regulation is 
necessary to protect spectators, vessels, and participants. This 
special local regulation will encompass all U.S. navigable waters of 
the Maumee River, Toledo, OH, bound by a line extending from a point on 
land just north of the Cherry Street Bridge at position 
41[deg]39'5.27'' N.; 083[deg]31'34.01'' W. straight across the river 
along the Cherry Street bridge to position 41[deg]39'12.83'' N.; 
083[deg]31'42.58'' W. and a line extending from a point of land just 
south of International Park at position 41[deg]38'46.62'' N.; 
083[deg]31'50.54'' W. straight across the river to the shore adjacent 
to position 41[deg]38'47.37'' N.; 083[deg]32'2.05'' W. (NAD 83).
    An on-scene representative of the COTP or event sponsor 
representatives may permit vessels to transit the area when no race 
activity is occurring. The on-scene representative may be present on 
any Coast Guard, state or local law enforcement vessel assigned to 
patrol the event. Vessel operators desiring to transit through the 
regulated area must contact the Coast Guard Patrol Commander to obtain 
permission to do so. The COTP or his designated on-scene representative 
may be contacted via VHF Channel 16.
    The COTP or his designated on-scene representative will notify the 
public of the enforcement of this rule by all appropriate means, 
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders (E.O.).

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O. 
13563, Improving Regulation and Regulatory Review, and does not require 
an assessment of potential costs and benefits under section 6(a)(3) of 
E.O. 12866 or under section 1 of E.O. 13563. The Office of Management 
and Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues.
    The Coast Guard's use of this special local regulation will be of 
relatively small size and only twelve hours in duration, and it is 
designed to minimize the impact on navigation. Moreover, vessels may 
transit through the area affected by this special local regulation at a 
minimum speed for safe navigation. Overall, the Coast Guard expects 
minimal impact to vessel movement from the enforcement of this special 
local regulation.

B. Impact on Small Entities

    As per the Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-
612, as amended, we have considered the potential impact of regulations 
on small entities during rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in this portion of the Maumee River, in the vicinity 
of Toledo, OH between 6 a.m. and 6 p.m. on June 18, 2016.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities for the reasons cited 
in the Regulatory Planning and Review section. Additionally, before the 
enforcement of the regulation, Coast Guard Sector Detroit will issue a 
local Broadcast Notice to Mariners so vessel owners and operators can 
plan accordingly.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them. If this rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

D. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 39584]]

E. Federalism

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

F. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

G. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

H. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

I. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

J. Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not create an environmental risk 
to health or risk to safety that may disproportionately affect 
children.

K. Indian Tribal Governments

    This rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes.

L. Energy Effects

    This action is not a ``significant energy action'' under E.O. 
13211, Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use.

M. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

N. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule involves the establishment of a special local regulation and 
is therefore categorically excluded from further review under paragraph 
34(h) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.35T09-0516 to read as follows:


Sec.  100.35T09-0516  Special Local Regulation; Dragon Boat Races; 
Maumee River; Toledo, OH.

    (a) Regulated area. A regulated area is established to encompass 
the following waterway: all waters of the Maumee River, bound by a line 
extending from a point on land just north of the Cherry Street Bridge 
at position 41[deg]39'5.27'' N.; 083[deg]31'34.01'' W. straight across 
the river along the Cherry Street bridge to position 41[deg]39'12.83'' 
N.; 083[deg]31'42.58'' W. and a line extending from a point of land 
just south of International Park at position 41[deg]38'46.62'' N.; 
083[deg]31'50.54'' W. straight across the river to the shore adjacent 
to position 41[deg]38'47.37'' N.; 083[deg]32'2.05'' W. (NAD 83).
    (b) Effective period. This rule will be enforced from 6 a.m. until 
6 p.m. on June 18, 2016.
    (c) Regulations. (1) Consistent with Sec.  100.901 of this part, 
vessels transiting within the regulated area shall travel at a no-wake 
speed and remain vigilant at all times. Additionally, vessels within 
the regulated area must yield right-of-way for event participants and 
event safety craft. Commercial vessels will have right-of-way over 
event participants, and event safety craft.
    (2) Vessel operators desiring to operate in the regulated area must 
contact the Coast Guard Patrol Commander to obtain permission to do so. 
The Captain of the Port Detroit (COTP) or his on-scene representative 
may be contacted via VHF Channel 16. Vessel operators given permission 
to operate within the regulated area must comply with all directions 
given to them by the COTP or his on-scene representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer or a Federal, State, or local 
law enforcement officer designated by or assisting the COTP to act on 
his behalf.

    Dated: 10 June 2016.
Raymond Negron,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2016-14345 Filed 6-16-16; 8:45 am]
 BILLING CODE 9110-04-P



                                           39582                Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Rules and Regulations

                                           § 226.41    Accidents to be reported.                   authority provided in this part, if said               minimum speed for safe navigation and
                                              Lessee shall make a complete report                  operation is thereafter performed by or                maneuvering.
                                           to the Superintendent of all accidents,                 through the Superintendent, the actual                 DATES: This temporary final rule is
                                           fires, or acts of theft and vandalism                   cost of performance thereof, plus 25                   effective from 6 a.m. until 6 p.m. on
                                           occurring on the leased premises.                       percent.                                               June 18, 2016. For the purposes of
                                                                                                      (j) Lessee or his/her authorized                    enforcement, actual notice will be used
                                           Penalties
                                                                                                   representative is hereby notified that                 on June 18, 2016.
                                           § 226.42    Penalty for violation of lease              criminal procedures are provided by 18                 ADDRESSES: To view documents
                                           terms.                                                  U.S.C. 1001 for knowingly filing                       mentioned in this preamble as being
                                              Violation of any of the terms or                     fraudulent reports and information.                    available in the docket, go to http://
                                           conditions of any lease or of the                       Appeals and Notices                                    www.regulations.gov, type USCG–2016–
                                           regulations in this part shall subject the                                                                     0516 in the ‘‘SEARCH’’ box and click
                                           lease to cancellation by the                            § 226.44    Appeals.                                   ‘‘SEARCH.’’ Click on Open Docket
                                           Superintendent, or Lessee to a fine of                     Any person, firm or corporation                     Folder on the line associated with this
                                           not more than $500 per day for each day                 aggrieved by any decision or order                     rule. You may also visit the Docket
                                           of such violation or noncompliance                      issued by or under the authority of the                Management Facility in Room W12–140
                                           with the orders of the Superintendent,                  Superintendent, by virtue of the                       on the ground floor of the Department
                                           or to both such fine and cancellation.                  regulations in this part, may appeal                   of Transportation West Building, 1200
                                           Fines not received within 10 days after                 pursuant to 25 CFR part 2.                             New Jersey Avenue SE., Washington,
                                           notice of the decision shall be subject to                                                                     DC 20590, between 9 a.m. and 5 p.m.,
                                           late charges at the rate of not less than               § 226.45    Notices.                                   Monday through Friday, except Federal
                                           11/2 percent per month for each month                     Notices and orders issued by the                     holidays.
                                           or fraction thereof until paid. The Osage               Superintendent to the representative                   FOR FURTHER INFORMATION CONTACT: If
                                           Tribal Council, subject to the approval                 and/or operator shall be binding on the                you have questions on this temporary
                                           of the Superintendent, may waive the                    lessee. The Superintendent may in his/                 final rule, call or email Petty Officer
                                           late charge.                                            her discretion increase the time allowed               Brett Kreigh, Marine Safety Unit Toledo,
                                                                                                   in his/her orders and notices.                         Coast Guard; telephone 419–418–6046,
                                           § 226.43 Penalties for violation of certain                                                                    email Brett.A.Kreigh@uscg.mil. If you
                                           operating regulations.                                  § 226.46    Information collection.
                                                                                                                                                          have questions on viewing the docket,
                                             In lieu of the penalties provided                       The Office of Management and Budget                  call Cheryl Collins, Program Manager,
                                           under § 226.42, penalties may be                        has determined that the information                    Docket Operations, telephone 202–366–
                                           imposed by the Superintendent for                       collection requirements contained in                   9826.
                                           violation of certain sections of the                    this part need not be submitted for                    SUPPLEMENTARY INFORMATION:
                                           regulations of this part as follows:                    clearance pursuant to 44 U.S.C. 3501 et
                                             (a) For failure to obtain permission to               seq.                                                   I. Table of Abbreviations
                                           start operations required by § 226.16(b),                                                                      COTP Captain of the Port
                                                                                                     Dated: June 6, 2016.
                                           $50 per day until permission is                                                                                DHS Department of Homeland Security
                                                                                                   Lawrence S. Roberts,
                                           obtained.                                                                                                      E.O. Executive Order
                                             (b) For failure to file records required              Acting Assistant Secretary—Indian Affairs.             NAD 83 North American Datum of 1983
                                           by § 226.32, $50 per day until                          [FR Doc. 2016–14127 Filed 6–16–16; 8:45 am]            NPRM Notice of Proposed Rulemaking
                                           compliance is met.                                      BILLING CODE 4337–15–P
                                                                                                                                                          II. Background History and Regulatory
                                             (c) For failure to mark wells and tank
                                                                                                                                                          Information
                                           batteries as required by § 226.34, $50 for
                                           each well and tank battery.                                                                                       On June 18, 2016, Partners In
                                                                                                   DEPARTMENT OF HOMELAND
                                             (d) For failure to construct and                                                                             Education is holding an organized
                                                                                                   SECURITY
                                           maintain pits as required by § 226.22,                                                                         Dragon Boat Race event that will take
                                           $50 for each day after operations are                   Coast Guard                                            place on the Maumee River in which
                                           commenced on any well until                                                                                    participants paddle Hong Kong style
                                           compliance is met.                                      33 CFR Part 100                                        Dragon Boats on the Maumee River in
                                             (e) For failure to comply with § 226.36                                                                      Toledo, OH. Due to the projected
                                           regarding valve or other approved                       [Docket No. USCG–2016–0516]                            amount of human-powered watercraft
                                           controlling device, $100.                                                                                      on the water, there is a need to require
                                                                                                   RIN 1625–AA08
                                             (f) For failure to notify                                                                                    vessels in the affected waterways to
                                           Superintendent before drilling,                         Special Local Regulation; Dragon Boat                  maintain a minimum speed for safe
                                           redrilling, deepening, plugging, or                     Races; Maumee River; Toledo, OH                        navigation. The Rowing regatta will
                                           abandoning any well, as required by                                                                            occur between 6 a.m. and 6 p.m. on June
                                           §§ 226.16(c) and 226.25, $200.                          AGENCY:     Coast Guard, DHS.                          18, 2016. This event is taking place
                                             (g) For failure to properly care for and              ACTION:    Temporary final rule.                       under the same sponsorship in the same
                                           dispose of deleterious fluids as provided                                                                      location as last year.
                                           in § 226.22, $500 per day until                         SUMMARY:   The Coast Guard is
                                           compliance is met.                                      establishing a temporary special local                 III. Legal Authority and Need for Rule
                                             (h) For failure to file plugging reports              regulation controlling movement of                        The Coast Guard is issuing this rule
                                           as required by § 226.29 and for failure                 vessels for certain waters of the Maumee               under authority in 33 U.S.C. 1231, 33
ehiers on DSK5VPTVN1PROD with RULES




                                           to file reports as required by § 226.13,                River. This action is necessary and is                 CFR 1.05–1 and 160.5; and Department
                                           $50 per day for each violation until                    intended to ensure safety of life on                   of Homeland Security Delegation No.
                                           compliance is met.                                      navigable waters to be used for a rowing               0170.1. Having reviewed the application
                                             (i) For failure to perform or start an                event immediately prior to, during, and                for a marine event submitted by the
                                           operation within 5 days after ordered by                immediately after this event. This                     sponsor on February 22, 2016, the
                                           the Superintendent in writing under                     regulation requires vessels to maintain a              Captain of the Port Detroit (COTP) has


                                      VerDate Sep<11>2014   15:07 Jun 16, 2016   Jkt 238001   PO 00000   Frm 00042   Fmt 4700   Sfmt 4700   E:\FR\FM\17JNR1.SGM   17JNR1


                                                                Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Rules and Regulations                                           39583

                                           determined that the likely combination                  W. straight across the river along the                 from the enforcement of this special
                                           of recreation vessels, commercial                       Cherry Street bridge to position                       local regulation.
                                           vessels, and an unknown number of                       41°39′12.83″ N.; 083°31′42.58″ W. and a
                                                                                                                                                          B. Impact on Small Entities
                                           spectators in close proximity to a                      line extending from a point of land just
                                           rowing regatta along the water pose                     south of International Park at position                   As per the Regulatory Flexibility Act
                                           extra and unusual hazards to public                     41°38′46.62″ N.; 083°31′50.54″ W.                      of 1980 (RFA), 5 U.S.C. 601–612, as
                                           safety and property. Therefore, the                     straight across the river to the shore                 amended, we have considered the
                                           COTP is establishing a Special Local                    adjacent to position 41°38′47.37″ N.;                  potential impact of regulations on small
                                           Regulation around the event location to                 083°32′2.05″ W. (NAD 83).                              entities during rulemaking. The Coast
                                           help minimize risks to safety of life and                  An on-scene representative of the                   Guard certifies under 5 U.S.C. 605(b)
                                           property during this event.                             COTP or event sponsor representatives                  that this rule will not have a significant
                                              The Coast Guard is issuing this                      may permit vessels to transit the area                 economic impact on a substantial
                                           temporary final rule without prior                      when no race activity is occurring. The                number of small entities.
                                           notice and opportunity to comment                       on-scene representative may be present                    This rule will affect the following
                                           pursuant to authority under section 4(a)                on any Coast Guard, state or local law                 entities, some of which might be small
                                           of the Administrative Procedure Act                     enforcement vessel assigned to patrol                  entities: The owners or operators of
                                           (APA) (5 U.S.C. 553(b)). This provision                 the event. Vessel operators desiring to                vessels intending to transit or anchor in
                                           authorizes an agency to issue a rule                    transit through the regulated area must                this portion of the Maumee River, in the
                                           without prior notice and opportunity to                 contact the Coast Guard Patrol                         vicinity of Toledo, OH between 6 a.m.
                                           comment when the agency for good                        Commander to obtain permission to do                   and 6 p.m. on June 18, 2016.
                                           cause finds that those procedures are                   so. The COTP or his designated on-                        This special local regulation will not
                                           ‘‘impracticable, unnecessary, or contrary               scene representative may be contacted                  have a significant economic impact on
                                           to the public interest.’’ Under 5 U.S.C.                via VHF Channel 16.                                    a substantial number of small entities
                                           553(b)(B), the Coast Guard finds that                                                                          for the reasons cited in the Regulatory
                                                                                                      The COTP or his designated on-scene
                                           good cause exists for not publishing a                                                                         Planning and Review section.
                                                                                                   representative will notify the public of
                                           notice of proposed rulemaking with                                                                             Additionally, before the enforcement of
                                                                                                   the enforcement of this rule by all
                                           respect to this rule because waiting for                                                                       the regulation, Coast Guard Sector
                                                                                                   appropriate means, including a
                                           a notice and comment period to run                                                                             Detroit will issue a local Broadcast
                                                                                                   Broadcast Notice to Mariners and Local
                                           would be impracticable, unnecessary,                                                                           Notice to Mariners so vessel owners and
                                                                                                   Notice to Mariners.
                                           and contrary to the public interest.                                                                           operators can plan accordingly.
                                           Although an initial marine event                        V. Regulatory Analyses
                                                                                                                                                          C. Assistance for Small Entities
                                           application was submitted on February
                                                                                                     We developed this rule after                            Under section 213(a) of the Small
                                           22, 2016, final details regarding event
                                                                                                   considering numerous statutes and                      Business Regulatory Enforcement
                                           area and patrol parameters were not
                                                                                                   executive orders related to rulemaking.                Fairness Act of 1996 (Pub. L. 104–121),
                                           known to the Coast Guard with
                                                                                                   Below we summarize our analyses                        we want to assist small entities in
                                           sufficient time for the Coast Guard to
                                                                                                   based on these statutes or executive                   understanding this rule so that they can
                                           solicit public comments before the start
                                                                                                   orders (E.O.).                                         better evaluate its effects on them. If this
                                           of the event. Thus, delaying the effective
                                           date of this rule to wait for a notice and              A. Regulatory Planning and Review                      rule would affect your small business,
                                           comment period to run would be                                                                                 organization, or governmental
                                                                                                      This rule is not a significant                      jurisdiction and you have questions
                                           impracticable and contrary to the public
                                           interest because it would inhibit the                   regulatory action under section 3(f) of                concerning its provisions or options for
                                           Coast Guard’s ability to protect the                    E.O. 12866, Regulatory Planning and                    compliance, please contact the person
                                           public from the hazards associated with                 Review, as supplemented by E.O. 13563,                 listed in the FOR FURTHER INFORMATION
                                           this rowing regatta.                                    Improving Regulation and Regulatory                    CONTACT section above.
                                              Under 5 U.S.C. 553(d)(3), the Coast                  Review, and does not require an                           Small businesses may send comments
                                           Guard finds that good cause exists for                  assessment of potential costs and                      on the actions of Federal employees
                                           making this rule effective less than 30                 benefits under section 6(a)(3) of E.O.                 who enforce, or otherwise determine
                                           days after publication in the Federal                   12866 or under section 1 of E.O. 13563.                compliance with, Federal regulations to
                                           Register. For the same reasons                          The Office of Management and Budget                    the Small Business and Agriculture
                                           discussed in the preceding paragraph,                   has not reviewed it under those Orders.                Regulatory Enforcement Ombudsman
                                           waiting for a 30 day notice period to run                  We conclude that this rule is not a                 and the Regional Small Business
                                           would be impracticable and contrary to                  significant regulatory action because we               Regulatory Fairness Boards. The
                                           the public interest.                                    anticipate that it will have minimal                   Ombudsman evaluates these actions
                                                                                                   impact on the economy, will not                        annually and rates each agency’s
                                           IV. Discussion of Rule                                  interfere with other agencies, will not                responsiveness to small business. If you
                                             This rule establishes a temporary                     adversely alter the budget of any grant                wish to comment on actions by
                                           special local regulation from 6 a.m. until              or loan recipients, and will not raise any             employees of the Coast Guard, call 1–
                                           6 p.m. on June 18, 2016. In light of the                novel legal or policy issues.                          888–REG–FAIR (1–888–734–3247). The
                                           aforementioned hazards, the COTP has                       The Coast Guard’s use of this special               Coast Guard will not retaliate against
                                           determined that a special local                         local regulation will be of relatively                 entities that question or complain about
                                           regulation is necessary to protect                      small size and only twelve hours in                    this rule or any policy or action of the
                                           spectators, vessels, and participants.                  duration, and it is designed to minimize               Coast Guard.
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                                           This special local regulation will                      the impact on navigation. Moreover,
                                           encompass all U.S. navigable waters of                  vessels may transit through the area                   D. Collection of Information
                                           the Maumee River, Toledo, OH, bound                     affected by this special local regulation                This rule will not call for a new
                                           by a line extending from a point on land                at a minimum speed for safe navigation.                collection of information under the
                                           just north of the Cherry Street Bridge at               Overall, the Coast Guard expects                       Paperwork Reduction Act of 1995 (44
                                           position 41°39′5.27″ N.; 083°31′34.01″                  minimal impact to vessel movement                      U.S.C. 3501–3520).


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                                           39584                Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Rules and Regulations

                                           E. Federalism                                           does not have a substantial direct effect              § 100.35T09–0516 Special Local
                                                                                                   on one or more Indian tribes, on the                   Regulation; Dragon Boat Races; Maumee
                                              A rule has implications for federalism                                                                      River; Toledo, OH.
                                           under E.O. 13132, Federalism, if it has                 relationship between the Federal
                                                                                                   Government and Indian tribes, or on the                   (a) Regulated area. A regulated area is
                                           a substantial direct effect on the States,
                                                                                                   distribution of power and                              established to encompass the following
                                           on the relationship between the national
                                                                                                   responsibilities between the Federal                   waterway: all waters of the Maumee
                                           government and the States, or on the
                                                                                                   Government and Indian tribes.                          River, bound by a line extending from
                                           distribution of power and                                                                                      a point on land just north of the Cherry
                                           responsibilities among the various                      L. Energy Effects                                      Street Bridge at position 41°39′5.27″ N.;
                                           levels of government. We have analyzed                                                                         083°31′34.01″ W. straight across the
                                           this rule under that Order and                            This action is not a ‘‘significant                   river along the Cherry Street bridge to
                                           determined that this rule does not have                 energy action’’ under E.O. 13211,                      position 41°39′12.83″ N.; 083°31′42.58″
                                           implications for federalism.                            Actions Concerning Regulations That                    W. and a line extending from a point of
                                           F. Protest Activities                                   Significantly Affect Energy Supply,                    land just south of International Park at
                                                                                                   Distribution, or Use.                                  position 41°38′46.62″ N.; 083°31′50.54″
                                             The Coast Guard respects the First
                                           Amendment rights of protesters.                         M. Technical Standards                                 W. straight across the river to the shore
                                           Protesters are asked to contact the                                                                            adjacent to position 41°38′47.37″ N.;
                                           person listed in the FOR FURTHER                          This rule does not use technical                     083°32′2.05″ W. (NAD 83).
                                                                                                   standards. Therefore, we did not                          (b) Effective period. This rule will be
                                           INFORMATION CONTACT section to
                                                                                                   consider the use of voluntary consensus                enforced from 6 a.m. until 6 p.m. on
                                           coordinate protest activities so that your
                                                                                                   standards.                                             June 18, 2016.
                                           message can be received without                                                                                   (c) Regulations. (1) Consistent with
                                           jeopardizing the safety or security of                  N. Environment                                         § 100.901 of this part, vessels transiting
                                           people, places, or vessels.                                                                                    within the regulated area shall travel at
                                                                                                     We have analyzed this rule under                     a no-wake speed and remain vigilant at
                                           G. Unfunded Mandates Reform Act
                                                                                                   Department of Homeland Security                        all times. Additionally, vessels within
                                             The Unfunded Mandates Reform Act                      Management Directive 023–01 and
                                           of 1995 (2 U.S.C. 1531–1538) requires                                                                          the regulated area must yield right-of-
                                                                                                   Commandant Instruction M16475.lD,                      way for event participants and event
                                           Federal agencies to assess the effects of               which guide the Coast Guard in
                                           their discretionary regulatory actions. In                                                                     safety craft. Commercial vessels will
                                                                                                   complying with the National                            have right-of-way over event
                                           particular, the Act addresses actions                   Environmental Policy Act of 1969
                                           that may result in the expenditure by a                                                                        participants, and event safety craft.
                                                                                                   (NEPA) (42 U.S.C. 4321–4370f), and                        (2) Vessel operators desiring to
                                           State, local, or tribal government, in the              have concluded this action is one of a                 operate in the regulated area must
                                           aggregate, or by the private sector of                  category of actions which do not                       contact the Coast Guard Patrol
                                           $100,000,000 (adjusted for inflation) or                individually or cumulatively have a                    Commander to obtain permission to do
                                           more in any one year. Though this rule                  significant effect on the human                        so. The Captain of the Port Detroit
                                           will not result in such expenditure, we                 environment. This rule involves the                    (COTP) or his on-scene representative
                                           do discuss the effects of this rule                     establishment of a special local                       may be contacted via VHF Channel 16.
                                           elsewhere in this preamble.                             regulation and is therefore categorically              Vessel operators given permission to
                                           H. Taking of Private Property                           excluded from further review under                     operate within the regulated area must
                                             This rule will not cause a taking of                  paragraph 34(h) of Figure 2–1 of the                   comply with all directions given to
                                           private property or otherwise have                      Commandant Instruction. An                             them by the COTP or his on-scene
                                           taking implications under Executive                     environmental analysis checklist                       representative.
                                           Order 12630, Governmental Actions and                   supporting this determination and a                       (3) The ‘‘on-scene representative’’ of
                                           Interference with Constitutionally                      Categorical Exclusion Determination are                the COTP is any Coast Guard
                                           Protected Property Rights.                              available in the docket where indicated                commissioned, warrant or petty officer
                                                                                                   under ADDRESSES. We seek any                           or a Federal, State, or local law
                                           I. Civil Justice Reform                                 comments or information that may lead                  enforcement officer designated by or
                                              This rule meets applicable standards                 to the discovery of a significant                      assisting the COTP to act on his behalf.
                                           in sections 3(a) and 3(b)(2) of E.O.                    environmental impact from this rule.                     Dated: 10 June 2016.
                                           12988, Civil Justice Reform, to minimize                List of Subjects in 33 CFR Part 100                    Raymond Negron,
                                           litigation, eliminate ambiguity, and                                                                           Commander, U.S. Coast Guard, Acting
                                           reduce burden.                                            Marine safety, Navigation (water),                   Captain of the Port Detroit.
                                           J. Protection of Children                               Reporting and recordkeeping                            [FR Doc. 2016–14345 Filed 6–16–16; 8:45 am]
                                                                                                   requirements, Waterways.                               BILLING CODE 9110–04–P
                                              We have analyzed this rule under E.O.
                                           13045, Protection of Children from                        For the reasons discussed in the
                                           Environmental Health Risks and Safety                   preamble, the Coast Guard amends 33                    DEPARTMENT OF HOMELAND
                                           Risks. This rule is not an economically                 CFR part 100 as follows:                               SECURITY
                                           significant rule and does not create an
                                           environmental risk to health or risk to                 PART 100—SAFETY OF LIFE ON                             Coast Guard
                                           safety that may disproportionately affect               NAVIGABLE WATERS
                                           children.                                                                                                      33 CFR Part 117
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                                                                                                   ■ 1. The authority citation for part 100
                                           K. Indian Tribal Governments                            continues to read as follows:                          [Docket No. USCG–2016–0533]
                                             This rule does not have tribal
                                                                                                       Authority: 33 U.S.C. 1233.                         Drawbridge Operation Regulation;
                                           implications under E.O. 13175,
                                                                                                                                                          Reynolds Channel, Nassau County, NY
                                           Consultation and Coordination with                      ■ 2. Add § 100.35T09–0516 to read as
                                           Indian Tribal Governments, because it                   follows:                                               AGENCY:   Coast Guard, DHS.


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Document Created: 2016-06-17 01:05:02
Document Modified: 2016-06-17 01:05:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis temporary final rule is effective from 6 a.m. until 6 p.m. on June 18, 2016. For the purposes of enforcement, actual notice will be used on June 18, 2016.
ContactIf you have questions on this temporary final rule, call or email Petty Officer Brett Kreigh, Marine Safety Unit Toledo, Coast Guard; telephone 419-418-6046, email [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202- 366-9826.
FR Citation81 FR 39582 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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